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NY 882098





February 16, 1993

CLA-2-57:S:N:N6: 349 882098

CATEGORY: CLASSIFICATION

TARIFF NO.: 5702.99.1010; 5702.49.1090

Mr. Simon Leung
Bon Motif Company
4045 Horton Street
Emerville, California 94608

RE: The tariff classification of woven rugs from India.

Dear Mr. Leung:

In your letter dated January 14, 1993 you requested a tariff classification ruling.

The submitted samples consist of four styles of 100 percent cotton rugs. Style SE 422 "India Comber Scotch Plaid" is a flat- woven rug that measures approximately 20 inches by 34 inches excluding a 2 inch knotted fringe at each end of the warp yarns. The warp and weft yarn form a multi-colored plaid design.

Style PE 052 "India Spanish Diamond" is a woven pile rug that measures approximately 20 inches by 34-1/2 inches excluding a 2-1/2 inch knotted fringe at each end of the warp yarns. The face of the rug consists of various geometric shapes of looped pile separated by flat-woven sections. The loop pile is formed by the weft yarns.

Style PE 903 "India Nubby" is a flat-woven rug that measures approximately 20-1/2 inches by 33-1/8 inches exclusive of a 3 inch knotted fringe at each end of the warp yarns. The weft yarns are off white and taupe in color and extend across the width forming a rectangular design.

Style SE 904 "India Quilted Jacquards Dresden Plate" is a woven rug with a jacquard design. The rug measures approximately 17 inches in width excluding a 1-1/2 inch fringe at each end of the weft yarns. The rug measures approximately 38 inches in length excluding a 2 inch knotted fringe at each end of the warp yarns. Yarns of several different colors are used for both the warp and the weft forming a diamond/star design. As requested the samples are being returned.

The applicable subheading for the woven rugs Style SE 422, PE 903 , and SE 904 will be 5702.99.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for carpets and other textile floor coverings, woven, not tufted or flocked, whether or not made up, including "Kelem", "Schumacks", "Karananie" and similar hand-woven rugs: other, not of pile construction, made up: of other textile materials: of cotton... woven, but not made on a power-driven loom. The rate of duty will be 7.7 percent ad valorem.

Styles SE 422, PE 903, and SE 904 fall within textile category designation 369. Based upon international trade agreements, floor coverings from India classified under subheading 5702.99.1010, HTS, do not require a visa, or exempt certification, and are not subject to quota restraints.

The applicable subheading for Style PE 052 will be 5702.49.1090, HTS, which provides for carpets and other textile floor coverings, woven, not tufted or flocked, whether or not made up, including "Kelem", "Schumacks", "Karamine" and similar hand-woven rugs: other, of pile construction, made up: of other textile materials: of cotton... other. The rate of duty will be 4.2 percent ad valorem.

Style PE 052 falls within textile category designation 369. Based upon international trade agreements, products of India are subject to quota and visa requirements.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels),an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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